William Lorin Borchert v. United States

Appellant has appealed from a judgment of conviction, upon the verdict of a jury, on a one count indictment charging him with robbery of a National Bank in violation of Title 18, United States Code, Section 2113 (a).

The specification of error relied on by appellant is that the District Court erred in denying appellant’s motion for a new trial upon the ground that he was deprived of a fair trial and denied effective aid of counsel within the meaning of constitutional rights afforded him.

The questions presented are (1) whether the totality of the circumstances surrounding the trial deprived appellant of a fair trial within the meaning of due process of law and (2) whether the presentation of evidence and testimony on behalf of appellant was sufficiently adequate so as to constitute a fair trial within the meaning of due process of law.

The appellant was arrested on March 15, 1967, the evening of the robbery, and soon thereafter was placed in a lineup for identification purposes without the benefit of counsel. He contends, with particular reference to the lineup, that he did not receive a fair trial. He asserts that the physical characteristics of the other three persons…